BOGATZKI v. HOFFMAN

No. C2-88-955.

430 N.W.2d 841 (1988)

William A. BOGATZKI, as trustee for the heirs of Darlene J. Bogatzki, deceased; William A. Bogatzki, individually, et al., Appellants, v. Norman H. HOFFMAN, Respondent, John Hoffman, et al., Defendants. Norman H. HOFFMAN, Third-Party Plaintiff, Respondent, v. TECHNICAL ORDNANCE, INC., Third-Party Defendant, Respondent.

Court of Appeals of Minnesota.

Review Denied December 21, 1988.


Attorney(s) appearing for the Case

J. Christopher Cuneo, James M. Lockhart, Smith, Juster, Feikema, Malmon & Haskvitz, Chartered, Minneapolis, for William A. Bogatzki, et al.

George Eck, Raymond A. Hayward, Dorsey & Whitney, Minneapolis, for Norman H. Hoffman.

John H. Faricy, Jr., Pustorino, Pederson, Tilton & Parrington, Minneapolis, for Technical Ordnance, Inc.

Heard, considered and decided by HUSPENI, P.J., CRIPPEN and HACHEY, JJ.


OPINION

HUSPENI, Judge.

This is an appeal from a partial summary judgment dismissing appellants' wrongful death claims against respondent Norman Hoffman (Hoffman). Appellants claim that a provision which had the indirect effect of absolving Hoffman from liability was mistakenly included in a Pierringer release agreement. Appellants thus argue the trial court erred in failing to reform or rescind the agreement or, in the alternative, to rule there...

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